Maryland Injury and Disability Law : Washington DC Metro Injury & Disability Lawyer & Attorney : Greenberg & Bederman : Accidents, Falls, Medical Malpractice : Maryland, DC, Virginia

Pain, Depression, Anxiety and Social Security Law


I’m a lawyer not a mental health professional but it seems logical to me that if you are in chronic pain, you are going to be depressed or anxious or both. How can anyone live in pain, day after day, without some degree of depression. After all, your life has changed drastically. Pain interferes with your daily activities and intrudes into every aspect of your life. Naturally, you are going to be depressed about that.

Depression can cause work-related limitations and these can be important in determining whether you meet social security’s definition of disability. But, your depression must be documented and your limitations from depression, if any, need to be ascertainable from the medical record. So, you must talk to your doctor about your depression. Get a referral to a psychiatrist or psychologist. It’s important. The best reason to see a mental health professional is that he/she may be able to make you feel better. A secondary reason is that you can document your depression (or anxiety) and demonstrate that it interferes with your ability to perform work-related activities such as concentrate, persist at tasks, maintain a regular pace, work with others, follow instructions, work within a schedule, maintain regular attendance, etc. These are some of the factors Social Security considers in determining whether you are disabled.

It’s important to understand that psychiatrists treat people with a wide variety of mental or emotional problems. Only a small percentage of their patients are “crazy”. A psychiatrist is the specialist best able to diagnose, treat, and determine functional limitations on mental conditions that require medications. This includes persons suffering from depression, mood disorder secondary to pain or other medical condition, and anxiety. Psychologists also treat a variety of conditions and do objective testing. However, in most states, they cannot prescribe medications. If you feel you are not functioning as optimally as your once did, you should seek treatment from a mental health professional.

To learn more about social security disabiliy law issues please click social security disability law.  To learn about our social security disability lawyer in Maryland, please click social security disability lawyer.

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“I always feel like, somebody’s watching me …”

It’s not just a song from the 80’s, folks. I’ve seen many an injured worker and motor-vehicle accident victim take the stand and testify to not being able to drive, lift groceries, do the laundry, etc., and then, fifteen (15) minutes later, see video footage of them doing all those activities and more.

Although the Social Security Administration won’t hire a private investigator to follow you around, they will pay attention to how you behave 

·         when you meet with their representatives at the local offices,

·         when you meet with their doctors while attending a consultative evaluation, and especially

·         while testifying at your hearing with the Administrative Law Judge (ALJ).

As we’ve discussed before, the ALJ will review all the medical evidence, listen to the claimant’s testimony at the hearing, then determine whether the claimant’s testimony as to the frequency and level of severity of the impairment are not only credible and reasonably supported by the objective medical evidence, but prevent the claimant from performing work-related activities.

Want an example of what NOT to do at a hearing?

Hypothetical claimant complains of having constant, severe pain in his neck and lower back, although there was no objective medical cause to be found in his medical records (translation: all his diagnostic testing came back normal.)

At the hearing, he testified to being able to “walk all day, every day, all night, every night, one to two miles.” It could be argued that some movement can help relieve pain, but “all day, every day,” and “one to two miles”? I didn’t buy it, and neither did the judge.

And, to put the last nail-in-the-coffin to destroy any chance of being found disabled, when the ALJ excused this claimant, he proceeded to lift a duffel bag --- the size of an elementary-school child --- up, off of the floor, and over the back of his chair. In fact, when the ALJ saw the claimant do this without any problems, the ALJ asked the claimant “That looks like a heavy bag,” to which the claimant responded “Oh, yes, sir.”

I think you get the picture. And I’ll leave you with this: I’ve heard rumor that there is an ALJ in Maryland who, upon completion of testimony and closing of the hearing, looks out the windows of the building, to observe how the claimant is able to walk/stand/lift/carry when they think no one is watching.

To learn more about social security disability law issues, please see our website at G&B Website-social-security.  To learn more abour our social security disability lawyer in Maryland, please see our website at Website-about-us.

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Teenage Driving Restrictions

Remember when you got your driver’s license? Do you remember the thrill, the excitement and your wonder of the uncertainty of the road? Then there were those few times when you barely escaped an accident…and that time when you were driving through the parking lot heading toward Ferrell’s Ice cream, with the music blaring, and you were singing at the top of your lungs off key, thinking you were cool, when you slammed into a parked police car.....with a police officer inside the car. Wait! That was me.
 

One of the first steps into adulthood for teenagers is getting that coveted driving permit, and more importantly, the real driver’s license. Add a considerable dose of peer pressure into the mix and that plastic card is viewed by a teenager as the ticket to independence and freedom. (Just don’t do to your teenager what my dad did to me. He knew I was lying, and he also knew I had no sense of direction, so he instructed me to stay away from Bowie, and don’t go down 450 West toward Bowie. Stay away, he said, as I got lost in downtown Peace Cross where half dressed girls were walking late at night, and neon blinking bars were around every corner. Why didn’t I ever listen?)

 

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Frustrated with not being able to reach your local social security office by telephone? You are not alone. Recently the U.S. Senate held a hearing on the service the local SSA’s provide. Not surprisingly, testimony revealed that there are a huge number of telephone calls that go unanswered.  

The Government Accountability Office (GAO) investigated 21 field offices and some of their findings are appalling. It’s true staffing has been reduced. And it’s also true that despite the reduction in staff, thanks to increased productivity by the remaining workers, most of the demands have been met. But, in order to meet demands, very important work has been sacrificed.

The staffing reductions have resulted in unanswered phone calls, longer waiting times, and uncompleted work.

Unanswered phone calls: Staff at 13 of the 21 field offices investigated by the GAO acknowledged that their phone service was inadequate. Two offices revealed that phones were not answered at all!

A survey conducted in 2006 found that 51% of customer calls to 48 randomly selected field offices went unanswered. The actual number is most likely higher because the results were based only on those customers who ultimately got through. And, let’s not forget, that staff has been reduced since 2006.

No wonder it seems impossible to reach the field office.

Longer waiting times: Waiting times for persons visiting their field office increased by 40% between the years 2002 and 2006. In 2007, about 3 million people waited more than one hour. More than 400,00 people waited more than 2 hours for service. 

Uncompleted work: Field offices triage their work. The focus is on “core” workloads such as processing new claims and issuing Social Security cars. Other workloads have been put on a lower priority or deferred. This includes changes of address and changes to direct deposit information. No wonder SSA never seems to send notices to the correct address!

 Source: NOSSCR, Social Security Forum, Vol. 30, No 5, May-Jun

To learn more about social security disability law issues please click social security disability law. To learn about our social security disability lawyer in Maryland, please click social security disability lawyer. 

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What will it cost me to get copies of my Social Security medical records

The cost of medical records varies quite a bit from case to case. The cost depends upon several factors such as the number of pages requested the state in which the medical source provides services, and the purpose of the request for records.

Some states such as Alaska, Colorado have no statute limiting the cost of copying medical records. In such states, HIPAA (Health Insurance Portability and Accountability Act of 1996) provisions would apply. Under HIPAA, providers can charge a “reasonable” fee for copying records. The actual postage may also be charged. HIPAA rules also provide that providers have thirty (30) days to respond to requests for records. One thirty (30) day extension can be granted for good reason. State laws may provide for lower fees or shorter response times.

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Update on processing times.

This may be surprising news for claimants serviced by the Washington, DC hearing office but the DC office is the 8th fastest in the nation in terms of getting a hearing date. An analysis of the data in May, 2008, revealed an average processing time of 330 days.

The news for claimants serviced by the Baltimore hearing office is less rosy. They have fallen down to number 78 in the country. Average processing times there were 494 days.

The news about DC processing times is somewhat remarkable as that office was down one administrative law judge for a few months. Another ALJ retired this past month so we will see if they are able to keep up the pace.

Of course, you should keep in mind that getting a hearing date is not the only factor you need to consider. You want your case to be heard in a timely fashion but, you also want your case to be heard by a knowledgeable, fair, and impartial trier of fact.

Source: NOSSCR, Social Security Forum, Vol 30, No 5, May-June 2008

To learn more about social security disability law issues please click Maryland social security disability law. To learn about our social security disability lawyer in Maryland, please click about us and read the firm bios on Dory Sutker or Suja Varghese.

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Don’t’ Give Up!

If you ask me, ( and yes, I know you didn’t), one mistake people applying for disability make, is to give up too easily.  When they receive a denial at the initial stage, many people fail to appeal. They figure they’ll just get turned down again.  And, yes, at reconsideration, there is a good chance that they will get turned down again.  But, at the third level (hearing level), they have their best shot at getting disability insurance awarded.

You can check the exact figures in one of my previous entries but about 20% of the claims get approved at the reconsideration level and more than half get awarded benefits at the hearing level.
So, in most cases*, unless you believe you are capable of working, you should file an appeal. It’s not difficult to do and you can always seek the assistance of a representative.

*There are some cases where it may be a disadvantage to take your claim through the hearing level. Therefore, if you are appealing, it is a good idea to seek representation. Call one of our social security disability lawyers in Maryland, or go visit our frequently asked questions on our website at G&B-social-security-law.

To learn more about social security disability issues, please see our website at G&B Website and click on social security frequently asked questions.

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